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Allegany County adopts local law to opt out of New York's short-term rental registry
Summary
The Allegany County Board of Legislators unanimously adopted Local Law Intro. No. 2-2026 to opt the county out of the New York State short-term rental registry, declining state-collected occupancy tax revenue while reserving local authority to regulate short-term rentals.
The Allegany County Board of Legislators on May 27 adopted a local law (Intro. No. 2-2026; Resolution No. 231-26) declaring that the county will opt out of the New York State short-term rental registry established under Real Property Law Section 447-c. The measure passed on a roll-call vote of 14 Ayes, 0 Noes, 1 Absent.
The local law states the county is exercising the opt-out authority provided by New York State Real Property Law Section 447-c(1)(b) and the Municipal Home Rule Law, Section 20, and says Allegany County will not participate in the state-level short-term rental registration program. The resolution notes that, while opting out, the county will not receive occupancy tax revenue collected by the state from short-term rentals operating within the county but will continue to receive its share of sales tax generated by those rentals.
The board filed and adopted the local law without changes. The resolution was offered by the Ways & Means Committee and recorded as moved by Mr. Stockin and seconded by Mrs. Burdick. The law takes effect immediately upon filing and publication in accordance with Section 27 of the Municipal Home Rule Law.
The local law also explicitly reserves the county's right to repeal the opt-out and opt back into the state program at a later date, and it affirms that towns and villages within Allegany County retain authority to enact and enforce their own short-term rental restrictions.
The adoption follows a public hearing on the local law during the meeting; no members of the public spoke during that hearing. The measure contains statutory citations to the Municipal Home Rule Law and New York Real Property Law that frame the county's authority to opt out.
What happens next: the county's clerk will file and publish the adopted local law as required; the county may adopt alternative local measures for regulating short-term rentals or revisit the decision in the future if it chooses to opt back into the state program.
